header-logo header-logo

04 October 2007 / Charmaine Murray , Lee Parkhill
Issue: 7291 / Categories: Features , Public
printer mail-detail

A difference of opinion

Functions of a public nature should be defined on a case by case basis. Lee Parkhill and Charmaine Murray explain

In YL v Birmingham City Council and others [2007] UKHL 27, [2007] 3 All ER 957 their lordships considered the scope of the Human Rights Act 1998 (HRA 1998), s 6(3)(b), which allows for bodies other than core public authorities to be subject to the obligation, contained in s 6(1), which requires them to act compatibly with the European Convention on Human Rights (the Convention).

An otherwise private body may be regarded as a public authority for the purposes of HRA 1998 if, per s 6(3)(b), it performs “functions of a public nature”. Such a body is commonly referred to as a hybrid public authority. The obligation on such hybrid bodies to observe Convention rights attaches only to functions which are of a public nature. Therefore, determining the scope of s 6(3)(b) is necessary not only to identify which bodies are subject to the obligation in s 6(1), but also to determine

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll